Shattuck v. Grider , 493 P.2d 829 ( 1972 )

BUSSEY, Presiding Judge

(specially concurring) :

I am in accord with the views expressed and the authorities cited by Judge SIMMS. I think it is unquestionably clear that the Legislature is authorized, under the Constitution, to determine under what conditions credits to shorten a sentence may be given. I believe that even a most cursory examination of the statute reflects the clear Legislative intent to grant blood credits only when the party, subsequently released on parole, does not violate the terms of the parole. Any attempt by the Court to construe the statute otherwise would, in my opinion, violate the separation of powers provision which restricts the Court from invading the province of the Legislature. If the Legislature, in their wisdom, for public policy reasons, wish to amend the statute and create a vested, irrevocable right in an inmate for time credits for blood donated which may not be revoked for a violation of parole or the rules of the penitentiary, they can do so, but the Court has no authority or jurisdiction to invade the Legislative authority.